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201604149
<br />202400900
<br />cancelable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor's
<br />insurance company shall furnish Beneficiary copies of all statements/documents, as well as a certificate of
<br />insurance coverage at Beneficiary's request, with a provision in such certificate that the insurer shall provide
<br />Beneficiary ten (10) days advance notice of any cancellation of the policy at any time for any reason, or of
<br />expiration of policy without renewal thereof. Trustor shall promptly repair, maintain, and replace the Trust
<br />Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In
<br />no event shall the Trustor commit waste on or to the Trust Estate.
<br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, state,
<br />and local environmental laws, ordinances, rules, requirements, regulations, and publications as now existing
<br />or hereafter existing, amended, supplemented, or supplanted relating to the preservation of the environment
<br />or the regulation or control of toxic or hazardous substances or materials. Trustor hereby warrants and
<br />represents to Beneficiary that there are no toxic or hazardous substances or materials on or under the Property.
<br />Trustor does hereby indemnify and hold Beneficiary harmless and any successors to Beneficiary's interest
<br />from and against any and all claims, damages, losses, and liabilities arising in connection with the presence,
<br />use, disposal, or transport of any substance which is the subject of any environmental law, regulation, or
<br />control of toxic or hazardous substances or materials on, under, from, or about the Property. This indemnity
<br />shall survive reconveyance of the Property secured by this Trust Deed.
<br />5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any
<br />action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee,
<br />and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action
<br />or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to
<br />do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, hi its
<br />own discretion, without obligation so to do and without notice to or demand upon Trustor and without
<br />releasing Trustor from any obligation, may make or do the same in such manner and to such ex!ent as either
<br />may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by
<br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by
<br />Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs,
<br />appraisals, surveys and attomey's fees. Any such costs and expenses not paid within ten (10) days of written
<br />demand shall draw interest at the default rate provided in the Note.
<br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest
<br />therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any
<br />other manner including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice
<br />or other information regarding such proceeding, Trustor shall give prompt written notice thereof to
<br />Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor,
<br />and shall be entitled at its option to commence, appear in and prosecute in its own name any action or
<br />proceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection with
<br />such taking or damage. All such compensation, awards, damages, rights of action and proceeds awarded to
<br />Trustor (the "Proceeds") are hereby assigned to Beneficiary and Trustor agrees to execute such further
<br />assignments of the Proceeds as Beneficiary or Trustee may require.
<br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's
<br />option, prior to reconveyance of the Property to Trustor may make future advances to Trustor. Such future
<br />advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes
<br />stating that said notes are secured hereby.
<br />8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
<br />by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the
<br />County in which the Trust Estate is located and by otherwise complying with the provisions of the applicable
<br />law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting
<br />hereunder.
<br />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit
<br />of and binds all parties hereto, their heirs, legatees, divorcees, personal representatives, successors and
<br />assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as
<br />Beneficiary herein.
<br />10. INSPECTIONS. Beneficiary, or its agents may make reasonable entries upon and
<br />inspections of the Property. Beneficiary shall give Trustor notice at the time of or prior to an inspection
<br />specifying reasonable cause for the inspection.
<br />11. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A
<br />WAIVER. Extension of the time for payment or modification of amortization of the sums secured by this
<br />Security Instrument granted by Beneficiary to any successor in interest of Trustor shall not operate to release
<br />the liability of the original Trustor or Trustor's successors in interest. Beneficiary shall not be required to
<br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise
<br />modify amortization of the sums secured by this Security instrument by reason of any demand made by the
<br />original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any right
<br />or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
<br />12. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR.
<br />1 f all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Trustor
<br />is sold or transferred and Trustor is not a natural person) without Beneficiary's prior written consent,
<br />Beneficiary may, at its option, require immediate payment in full of all sums secured by this Security
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